Discrimination, Employment Law

College’s evidence established employee was incompetent for her job; therefore not qualified; therefore could not make a prime facie case for discrimination

Darla Lackey v. Lone Star College System, 09-15-003999-CV (Tex. App— Beaumont, October 20, 2016) This is an employment discrimination case where the Beaumont Court of Appeals affirmed the granting of the College’s plea to the jurisdiction. Lackey is a forty-three-year-old Caucasian female
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Employment Law, Whistleblower

Austin Court of Appeals holds supervisor without law-enforcement powers can still qualify as appropriate law enforcement authority for Whistleblower Act purposes

Rebekha Montie v. Bastrop County,03-16-00123(Tex. App— Austin, October 19, 2016) This is a Texas Whistleblower Act case where the Austin Court of Appeals reversed the granting of the County’s plea to the jurisdiction and remanded the case for trial. Rebekha Montie was
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ADA, Discrimination, Employment Law

Since City offered training for alternative employment position due to disability, City did not fail to make a reasonable accommodation says U.S. 5th Circuit.

Dillard v City of Austin, No. 15-50779 ( 5th Cir. September 16,2016) This is a disability discrimination case where the U.S. Fifth Circuit affirmed the granting of summary judgment for the City employer. After a car accident left Dillard with lingering injuries
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Ex-Police Chief’s suit against Mayor was not “matter of public concern” in relation to Chief’s suit against City under First Amendment

Gibson v. Kilpatrick,15-60583(5th Cir. September 20,2016) This is a First Amendment retaliation in employment case where the U.S. Court of Appeals for the 5th Circuit held the employee’s speech was not on a matter of public concern. This is a continuing litigation
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Discrimination, Employment Law, Litigation

Ex-employee unable to establish direct evidence of age discrimination and failed to establish someone younger was hired instead

  Juan Bazaldua Jr. v. City of Lyford, Texas, 13-16-00004-CV (Tex.App— Corpus Christi, September 1, 2016) This is an age-discrimination case where the Thirteenth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Bazaldua was a forty-nine-year-old laborer
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Employee unable to establish terminating supervisor was aware of First Amendment activity, so summary judgment for employer was proper

Kristi Dearman v. Stone County School District, 15-60506 (5th Cir. August 11,2016) This is a First Amendment and procedural due process employment case where the U.S. Fifth Circuit affirmed the granting of the employer’s summary judgment motion. Dearman was an employee of
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Constitutional Challenge, Employment Law, Litigation, Mandamus, Procedure, Takings, Whistleblower

Town’s Interlocutory appeal timely under scheduling order, but permissive appeal by Plaintiff was untimely

Sarah Swanson v. Town of Shady Shores, 02-15-00351-CV (Tex.App— Fort Worth, August 18,2016) This is a Texas Whistleblower Act, Texas Open Meetings Act, due process, free speech and Sabine Pilot case, but the main thrust of the appeal is litigation/appellate procedure. So,
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ADA, Discrimination, Employment Law, Litigation

Amarillo Court of Appeals holds 1) no race discrimination when employer hires from same protected class, 2) broken ankle is not ADA disability in this case, 3) age difference alone is not enough

Arnold Jordan v. Tarrant County Hospital District d/b/a JPs Health Network, 07-16-00034-CV (Tex. App—Amarillo, August 2, 2016) This is an employment discrimination case where the Amarillo Court of Appeals affirmed the granting of the Hospital District’s summary judgment motion. Jordan alleges Tarrant
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